Authority: Title 63.1, Chapter 1; § 2.2-4000 et seq., Code of Virginia; P.L. 98-502, P.L. 104-156, P.L. 104-193, P.L. 104-327, P.L. 105-33, as amended; P.L. 105-89; P.L. 105-178, Federal Code; Titles IV-A, IV-B, IV-D, IV-E, XIX, XX, XXI of the federal Social Security Act, as amended.

A.1. To provide adequate oversight of the implementation of automated systems, and to ensure coordination with local social services agencies, the Department of Social Services shall maintain a Local Information Technology Planning Committee. The Committee shall include one representative each from the Department of Technology Planning, the Department of Information Technology, the Department of Social Services, the Department of Medical Assistance Services, and the Joint Legislative Audit and Review Commission, and at least five local social services personnel to be selected by the Virginia League of Social Service Executives. The Committee shall provide advice to the Commissioner on all computer and telecommunications systems operated by the Department in support of programs administered by local social services agencies.

2. The Department shall retain the services of a qualified independent contractor with appropriate experience in information technology project management and systems integration to perform periodic audits of the performance of the ADAPT project. Such audits shall be conducted under the direction of the DSS Local Information Planning Committee and shall include, but not be limited to, the progress of the project in terms of: (a) planned versus actual work plan activities, (b) milestones and deliverables, (c) critical path activities, (d) execution of risk reduction activities, and (e) application of any contingency plans. The audit contractor shall report audit exceptions in a timely manner, note any areas of concern, and recommend remedial actions. At least semiannually, the audit contractor shall issue a written report including audit findings, recommendations, and the results to date of any follow-up actions by the Department. The contractor shall distribute such reports to the Commissioner of Social Services, the DSS Local Information Technology Planning Committee, the Governor, the Department of Planning and Budget, the Council on Information Management, and the Chairmen of the Senate Finance and House Appropriations Committees.

3.a. The Department of Social Services shall own hardware and database management software purchased with funds appropriated to it. The Department of Information Technology may charge the Department of Social Services for operations and maintenance of such equipment and products but may not include any portion of the purchase price in the calculation of such charges. The Department of Information Technology may not use or sell the excess capacity resulting from these purchases, except pursuant to a Memorandum of Understanding (MOU) between the Departments of Planning and Budget, Information Technology, and Social Services. Any such MOU must provide for appropriate reimbursement to the general fund and any federal grant contributions for the purchases.

b. Recovery of the federal share of the cost of computer equipment in years following the Department's original purchase with general fund appropriation shall be deposited as revenue of the general fund in reimbursement for general fund expenditures made in prior years.

B. As a condition of the appropriation for this Item, pursuant to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193, the Department shall, in cooperation with local departments of social services, maintain a waiver of the work requirement for Food Stamp recipients residing in areas that do not have a sufficient number of jobs to provide employment for such individuals, including those areas designated as labor surplus areas by the U.S. Department of Labor.

C. The Department of Social Services (DSS), in collaboration with the Office of Comprehensive Services, shall provide training to local staff serving on Family Assessment and Planning Teams and Community Policy and Management Teams. Training shall include, but need not be limited to, the federal and state requirements pertaining to the provision of the foster care services funded under § 2.2-5211, Code of Virginia. The training shall also include written guidance concerning which services remain the financial responsibility of the local departments of social services. Training shall be provided on a regional basis at least once per year. Written guidance shall be updated and provided to local Comprehensive Services Act teams whenever there is a change in allowable expenses under federal or DSS guidelines. In addition, the Department of Social Services shall provide ongoing local oversight of its federal and state requirements related to the provision of services funded under § 2.2-5211, Code of Virginia.

D. The Department of Social Services shall require localities to report all expenditures on designated social services, regardless of reimbursement from state and federal sources. The DSS is authorized to include eligible costs in its claim for Temporary Assistance for Needy Families Maintenance of Effort requirements.

E.1. It is the intent of the General Assembly that the Commissioner of the Department of Social Services shall work with localities that seek to voluntarily merge and consolidate their respective local departments of social services. No funds appropriated under this act shall be used to require a locality to merge or consolidate local departments of social services.

2. The Commissioner, in cooperation with localities, shall evaluate criteria for consolidating local departments of social services, propose incentives for consolidation, and report to the Governor and General Assembly by September 1, 2003.

F. Out of the amounts for Computer Services, $564,565 from the general fund and $678,419 from nongeneral funds the first year and $564,565 from the general fund and $678,419 from nongeneral funds the second year is designated for lease payments through the Master Equipment Leasing Program for computer replacement.

G. To the extent permitted by federal law, the Department of Social Services shall permit local social services agencies to implement semi-annual reporting for food stamp households with earned income as authorized by 65 Federal Register 70133-70212 (November 21, 2000, to be codified at 7 C.F.R. §273.12(a)(1)(vii) et al.).

H. As a condition of this appropriation, effective July 1, 2003, the Department of Social Services shall, to the extent permitted by federal law, disregard the value of at least one motor vehicle per household in determining eligibility for the food stamp program.

I. The Commissioner, in cooperation with local departments of social services, shall develop and implement a plan for maximizing the use of federal funds in the administration and provision of social services. The Commissioner shall present the plan to the Governor and the Chairmen of the Senate Finance and House Appropriations Committees by September 15, 2002.